CRP.PD.No.3397/2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR

CRP.PD.No.3397/2019 and CMP.No.22292/2019

[Video Conferencing]

S.Velumani

.. Petitioner

Vs.

K.Maheswari

.. Respondent

Prayer:- Civil Revision Petition filed under Article 227 of the Constitution

of India, to set aside the fair and decreetal order dated 23.07.2019 made in

I.A.No.117/2018 in HMOP.No.27/2018 on the file of the learned Sub

Court, Sankari.

For Petitioner

:

Mr.N.Manoharan

For Respondent

:

Mr.T.S.Arthanareeswaran

ORDER

(1)

This Civil Revision Petition is preferred against the order dated

23.07.2019 made in I.A.No.117/2018 in HMOP.No.27/2018 on the

file of the Sub Court, Sankari.

(2)

The respondent is the wife and the petitioner is the husband.

Petitioner married the respondent on 04.07.2014. It is admitted that

there are no issues out of wedlock. The petitioner filed a petition

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for dissolution of marriage in HMOP.No.27/2018 before the Sub

Court, Sankari on the ground of cruelty, dessertion and for

suppressing material fact that the respondent wife cannot bear a

child.

(3)

During the pendency of proceedings, the wife has filed

Interlocutory Application for interim maintenance claiming a sum

of Rs.30,000/- per month towards interim maintenance and a

further sum of Rs.50,000/- towards litigation expenses. The said

petition was partly allowed by directing the revision petitioner to

pay a sum of Rs.3,000/- per month towards interim maintenance

and a further sum of Rs.10,000/- towards litigation expenses.

(4)

Aggrieved by the same, the husband has preferred the above Civil

Revision Petition.

(5)

Learned counsel appearing for the revision petitioner submitted

that the respondent/wife had married the petitioner for the third

time as she had married twice before marrying the petitioner. It is

the specific case of the revision petitioner that the 1^st marriage was

dissolved in 2005 by directing the husband to pay permanent

alimony to wife. Similarly the second marriage of respondent was

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CRP.PD.No.3397/2019

ended in dissolution with a direction to pay permanent alimony.

The third husband namely, the revision petitioner has now filed a

petition for divorce on the ground of suppression of particulars

about the physical condition of the respondent/wife. It is the case

of petitioner that the very object of contracting successive

marriages by respondent is to extract money by way of

maintenance and that the Lower Court failed to consider the

conduct of respondent.

(6)

The application for interim maintenance was allowed as the

marriage between the petitioner and the respondent is not in

dispute. Merely because the respondent/wife had contracted

marriages and obtained divorce from first and second husbands, the

marital status of respondent as a wife of petitioner will not change.

As a husband, the petitioner has to maintain the respondent and the

application filed for interim maintenance cannot be dismissed by

considering the previous marriage contracted by the respondent

which has also been dissolved by orders of Court.

(7)

Merely because the respondent has received permanent alimonies

from her Ex.husbands, that does not disqualify her to apply for

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CRP.PD.No.3397/2019

interim maintenance from the petitioner who is the present husband

of the respondent. It is not the case that the respondent/wife is

having a decent income to take care of herself or that she has

enough means. Though the petitioner has stated that the respondent

is having illicit intimacy with another and that she is leading a

luxury life, no evidence is let in by the revision petitioner in the

Lower Court.

(8)

Considering the fact and circumstan